|
This information sheet can be downloaded in PDF format
via the link at the bottom of the page.
What you may Claim
-
If your work has made you sick, and you need medical
treatment or time off work, you should lodge a claim
for workers compensation. Compensation comes in the
form of weekly payments and
‘medical and like expenses’.
-
Medical and like expenses include
bills for medical treatment, hospital services,
medicines, physiotherapy, chiropractic, osteopathy and
other services. You may also be able to claim the cost
of car modifications, home help or other expenses
incurred by you as a result of your illness.
Contact your Union
-
If you are suffering a work related injury or illness
the NTEU can provide you with advice about how to make
a claim. To maximise your chances of a successful claim
you should speak to the union about how to
complete the claim form.
-
You must also complete an incident
report within 30 days of becoming
aware of your injury. If you
don’t, your claim may be rejected. This
requirement - which came into force in June 1998 -
applies to stress claims as well as to
claims for physical injuries.
-
You do not have to lodge the WorkCover claim within 30
days, but you should lodge it as soon as possible.
-
If your injury or illness leaves you with a permanent
impairment you may be able to also claim a lump sum
benefit.
Stress Claims
Despite the misleading advice often circulated, members
suffering from stress related illnesses can still claim
compensation. Ask the NTEU for advice. The union can also
send you a copy of ‘WorkCover Stress
Claims’.
Deciding your Claim
-
Your employer has 10 days in which to forward your
claim to the WorkCover agent, and the agent
has 28 days in which to notify you of
their decision to accept or reject your
claim.
-
If your claim is for 'medical and like
expenses' only, the timelines are longer. A
'medical and like expenses' claim is rare
because most injured workers will have had at least one
doctor's visit.
-
The NTEU can advise you about what to expect after you
have lodged a claim, and how to prepare yourself for
visits to the WorkCover doctors who will assess
you.
-
If you are asked to see someone other than a WorkCover
doctor, you should contact the NTEU for advice. For
example, sometimes a WorkCover investigator (also
called an ‘assessor’) will contact
you.
-
Your treating doctor will be asked by the insurer to
provide a report. It is essential that
they prepare their report in time for it to be
considered by the insurer before the 28 day statutory
deadline has passed, or a decision will be
made without it. The agents do not always provide
the doctor with a date, so you should ring the agent
and find out.
-
If your claim is not accepted you can appeal to
the Accident
Compensation Conciliation Service - a
very informal process. The NTEU can assist you with
this.
-
If your claim is rejected or terminated and you are
considering appealing, don’t forget to
continue to lodge WorkCover Certificates of
Capacity.
Entitlements
-
If your claim is accepted you should contact the NTEU
about your entitlements, including make up
pay. The NTEU has agreements that require
employers to pay make up pay for up to 12 months. Make
up pay is the difference between the WorkCover weekly
payment and your usual salary.
-
Overtime and shift allowances are only paid on
WorkCover in limited circumstances.
-
If you are incapacitated for 20 days or more - or
it is likely that you will be - your employer must
prepare a return to work plan in
consultation with you and your treating doctor, to
assist you to return to work safely and without risk of
further injury.
-
If you are nearing the end of your period of make up
pay you will need advice about your
superannuation
entitlements. If your employer has not
discussed this with you, you should contact the NTEU.
For advice or assistance about lodging your claim,
contact the NTEU.
March 2006
|
|
